Claims In Which A Driver Did Not Obey A Pedestrian's Right Of Way In A Crosswalk

 By: J. Hernandez
So you try to only cross a street at a marked crosswalk. If only there were a guarantee that drivers would follow the rules and grant pedestrians in a crosswalk the right of way. Lawsuits concerning pedestrians injured in a motor vehicle accident as they were in a crosswalk are among those taken on by any attorney who handles motor vehicle accident claims. These matters generally entail disastrous injuries that can leave the pedestrian with long-term disabilities or possibly take the life of the pedestrian. Consider the following cases.

Case 1: This documented case involved the driver of a bus which struck a pedestrian. The pedestrian was in a crosswalk at the time of the accident. The driver failed to stop after hitting the pedestrian. When the bus continued it ran over the pedestrian. The pedestrian was a female, 50 years of age, who was going to the store to buy presents for her grandchildren. The woman sustained multiple fractures. She had rib fractures. She had pelvic fractures. She had a spinal fracture. The pedestrian will have to have hip replacement surgery for her hip fracture injury. The law firm that represented the pedestrian was able to report achieving a $1.25 million settlement for her.

Case 2: A driver was speeding in a heavily trafficked region of a large metropolitan city. There were a large number of pedestrians in the area. The driver was operating a rental car. He ran a red light and hit a van. This forced the van into a crosswalk which was being crossed by a pedestrian. The pedestrian, a twenty five year old man, sustained a spinal cord fracture injury that left him with complete paralysis from the chest down. The law firm that handled this lawsuit filed a claim on behalf of the pedestrian victim against the driver and the car rental company. The case went to trial with a judge upholding $20.3 million of the more substantial amount awarded by the jury. This sum was supposed to cover medical expenses (for the amount incurred up to the trial and for the amount for the care he will require in the future), the pedestrian's loss of earning capacity, and past and future pain and suffering.

Case 3: This claim report involved the driver of a school bus making a left hand turn at an intersection. While making the turn the bus ran over a pedestrian's foot. At the time of the accident the victim, a female, aged fifty four, was in a designated crosswalk walking over to the other side of the intersection. The driver did not even know what had occurred until witnesses got his attention and had him back the bus up to free the pedestrian's foot..

The pedestrian suffered several significant injuries to her foot and leg. The pedestrian wound up needing various surgeries to both her foot and her leg. Eventually, however, she lost the leg to a below the knee amputation following which she experienced continual phantom pain. The report of this case by the law firm that handled it indicated that they took the case to trial and attained a jury award for $5.9 Million for the pedestrian.

By comparing and contrasting these claim we discover first that each case is distinct. Extrapolating from the case it is apparent that a case can involve a car, a bus, a truck, or even a motorcycle. The plaintiffs, even when we consider cases involving only pedestrians, can be male or female and can be any age.

The lawsuits, however, do tend to share certain things in common. The injuries are often serious and leave the victims with irreversible disabilities. Crosswalks are no guarantee of safety for a pedestrian. Drivers can be distracted even in obviously marked crosswalks. And some drivers simply do not follow the rules such as the speeding driver who went through a red light in the second claim. Each of the lawsuit concerned significant injuries and with the help of an experienced attorney on their side each of these pedestrians obtained a significant amount for their injuries.
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